Nursing Home & Elder Abuse Lawyers

Every year, millions of elderly Americans suffer abuse at the hands of relatives, friends, caretakers, scam artists or other people they trust, yet less than 20 percent of this abuse is reported to the authorities. At Levin Papantonio, we are dedicated to helping elders and their loved ones who have been the victims of intentional or negligent abuse, whether it's physical, emotional or financial.

Our elder abuse cases are personally handled by Clay Mitchell and Matt Schultz, two highly experienced courtroom lawyers, who have won nearly $50 million in local jury verdicts in the past 10 years. They have the experience and credibility to get elder abuse incidents properly investigated by our inhouse investigation department and outside government agencies, and determine whether a settlement can be reached; a lawsuit needs to be filed; or worse, criminal prosecution should occur.

We provide you an absolutely free confidential consultation, and if we are fortunate enough for you to hire us, we never will charge you any fees or costs unless you first recover. This type of fee is known as a contingency fee.

The fee we charge ranges from 20% to 40% depending upon the amount we recover for you. This fee should be virtually identical to what other lawyers are charging, as the amount is controlled by The Florida Bar. This is true whether your lawyer has never handled an elder abuse case or whether it has been the focus of their practice for more than 50 years, as with our law firm. For a detailed discussion on fees and costs, click Fees & Costs.

When hiring a law firm to handle your elder abuse case, it's important to take your time and research them. Study their web sites for credentials, expertise, commitment, resources, success rate and fees. Meet with several firms. Ask a lot of questions, and determine who you feel most comfortable trusting.

To contact us for a free confidential consult, you can call us at (850) 435-7000 (Pensacola) or (800) 277-1193 (toll free). You also can request a free private and confidential evaluation by clicking Free & Confidential Consult, and your inquiry will be immediately reviewed by one of our attorneys who handles your specific type case.

What is Elder Abuse

Elder abuse refers to any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. When a family member places a loved one in a nursing home, assisted living facility, or elderly care facility, they count on personalized, professional care. Unfortunately, neglect and abuse are all too common. When a loved one is taken advantage of in their vulnerable state, it can often go undetected and is a devastating revelation when finally brought to light.

Elder abuse can be physical, financial, or mental. Look for the following types of signs if you believe your loved one may be suffering abuse or neglect:

A caregiver who changes social or health care providers frequently, or who refuses to apply for outside economic aid or services for the senior

A caregiver who isolates the senior from the outside world, friends or relatives

Signs of medical mismanagement, including empty or unmarked bottles of outdated prescriptions

Sudden loss of appetite

Theft of money or property

Torn clothing or broken personal items

Unexplained withdrawals or unusual activity in bank accounts

Using a person’s property or possessions without permission

Who Can Bring a Nursing Home or Elder Abuse Lawsuit

A family member, guardian, or close loved one who feels abuse may be taking place can report it, and consult an attorney on behalf of the elderly person being abused. The victim may not be able or willing to report the abuse, and it can only be stopped when the abusers have been brought to justice.

There are avenues one can take when abuse is suspected, but all are sensitive and should be handled with care out of respect to the victim. It is vital to speak with an attorney familiar with elder abuse. Many times, your case can be dealt with outside of the courtroom; but time is always of the essence in order to receive the most favorable outcome and protect the person being abused.

Who Can Be Sued for Nursing Home & Elder Abuse

In the case of a nursing home or other elderly care facility, the owners of the business providing the care (generally a corporation) and the persons performing the abuse can be sued if it can be shown they violated their duty to provide safe care to the elder and the violation led to harm.

How Long Do I Have to Bring a Nursing Home & Elder Abuse Case

All legal claims are subject to limitations periods in which they must be pursued. This means if a case is not brought within a specific time period after the harmful act, it may be barred forever even if it is valid. There are numerous factors that determine how short of a period you have to file a lawsuit arising out of elder abuse, such as: (1) where an injury or death occurred; (2) the type of injury sustained; (3) whether the abuser is an individual, company or governmental entity; and (4) when you became aware, or should have become aware, of the injury.

The most important thing is that you immediately seek legal advice when you become aware of a potential injury, even if you decide not to hire a lawyer. We will provide you a confidential and free consult, even if you decide not to hire us. This way you at least can determine your rights, and how long you have to pursue those rights.

What Must I Prove in My Lawsuit

In order to prove that abuse or neglect took place in a nursing home or other elderly care facility, it must be proven that the facility or company conducted their duties or care in a manner that was unreasonable under the circumstances or fell below the general standard of care. Items like photos, medical records, time frames, witnesses, and personal accounts often prove valuable as evidence. If you retain our services, we will ensure all of these things are reviewed and gathered appropriately and that everything necessary for your case is accounted for. Again, time is of the essence in collecting evidence; and if the facility is concerned about litigation, you can be sure it will act quickly to secure evidence it deems favorable to it.

How Do I Prove My Claim

Discovering elder abuse and neglect can be tricky, which is why it often goes undetected. At the first sign of any sort of abuse or neglect, no matter how small it may seem at the time, documentation is crucial. Often the victim will not want to come forward with information about the abuse as it can be embarrassing or painful to discuss.

By documenting every detail of encountered abuse, you can provide a truthful timeline, explanation, account, and image of the wrongdoing that has taken place. While Levin Papantonio conducts a thorough investigation in all cases it accepts, it is extremely helpful when the victim or victim’s representative has documented the facts to the extent possible.

How Long Will My Case Take

Each case is unique, which is why the only true answer for your situation can come when you speak with an attorney to discuss the details of your situation. Having a talented and aggressive attorney who knows elder abuse law and will fight for you and your loved one will make all the difference.

Generally speaking, elder abuse cases often include complex medical issues, numerous witnesses, lots of records, and overlapping investigations by various agencies. This can lengthen the process as compared to a typical personal injury suit. There also is a “pre-lawsuit” process in Florida (and in other states as well) that requires additional time. That said, elder abuse cases are more often settled before trial than at or after trial, and the process generally takes one to three years to resolve.

In choosing a lawyer it is important to know whether he or she has actually taken elder abuse cases to trials in the past. Lawyers who try cases successfully are better able to analyze the case from a jury perspective and have earned the respect of the lawyers on the other side of your case. If the other side knows you have a skilled trial advocate, your case is more likely to be taken seriously. Levin Papantonio’s nursing home attorneys have years of successful trial experience and will be happy to discuss that experience with you.

Other Helpful Elder Abuse Contacts in Florida

If you suspect abuse or neglect, it is a good idea to report it to the responsible state agencies in addition to contacting a lawyer.

Agency for Healthcare Administration (AHCA) is involved in licensing the nursing home facilities and it investigates complaints of neglect and abuse. AHCA investigates specific incidents and also looks at the level of care provided to all residents throughout the facility. If AHCA finds deficiencies, it will cite them and the facility must create a plan of correction. AHCA then returns several months later to ensure everything has been corrected. AHCA also has the right to fine nursing homes, prohibit the admission of new patients, restrict Medicaid/Medicare reimbursement, or even shut the facility down. AHCA generates a report of its investigations into abuse or neglect. It is always a good idea to report suspected abuse or neglect to AHCA. This organization also maintains an excellent website that rates Florida’s nursing homes, including a “watch list” of nursing homes with a history of problems. The site also includes important information on choosing a nursing home and alternatives to nursing homes. It may be accessed by Clicking Here.AHCA: (888) 419-3456 ( toll free).

Adult Protective Services (“APS”) is part of the Department of Department of Children and Families. It investigates allegations of abuse and negligence against elderly or disabled citizens. APS investigates the individual perpetrators of abuse and recommends appropriate action against those individuals’ licenses or certifications to prevent future abuse by those specific individuals. State agencies like APS exist to help. Do not hesitate to contact them if you suspect abuse. APS: (800) 962-2873 (toll free)

"I am so appreciative of the hard work and dedication that you put forth on my case. I cannot thank you enough for making my mom and I feel so comfortable throughout this whole process. You are one amazing lawyer. I wish you the best and I wanted to let you know that I will never forget you!"

"I want to express my deepest appreciation for all the hard work you and your team did for my father. I can’t tell you the words to tell you how impressed I was with the passion that you showed through the process. While I know that this is what you do for a living, it is obvious that you care deeply about your clients. In every conversation, and particularly at mediation, it was clear to me that you do this out of deep compassion for the fair treatment of your clients."

"I just wanted to take a moment to thank your firm for the Outstanding efforts by your firm on behalf of my wife! This was a time of great hardship for my wife and myself. She had a serious stroke, multiple surgery’s, DVT’s and was given less than 50/50 to live, but after 43 days in the hospital she has continued to improve over the last 6yrs. After 25yrs in corporate America, I have had a great number of interactions with law firms, both business and personal. NEVER, have I had the pleasure of working with 2 such great professionals, that were of course knowledgeable, but supported us in every way."

"Your team has been kind, responsive and willing to go the extra mile when other law firms refused to take my case. My family and I appreciate all that you have done for us. Now we can move on with our lives, thanks to you."

"Just a note to say what a pleasure it was to work with you and the great folks at Levin Law. Everyone seemed eager to help and so accommodating. Even though the task felt so overwhelming for me at times, the encouraging words from Kim, Kristian and others kept me motivated to move ahead. Thank you again for getting the claim settled in such a professional way."

"I can't say enough about all the wonderful people we dealt with at your Firm. From the receptionist, legal assistants and paralegals. All were professional and most helpful. We were treated with great respect and as if we were your only client."

"We are so thankful to Virginia Buchanan for the countless hours of time and her dedication to us during this ordeal. She has a heart of gold and her integrity sets her apart. . . . At a time when nothing seemed certain, Virginia provided me a caring ear and encouragement which was critical to my well-being and emotional wellness. She brings her whole heart with her and makes you feel as though your’re the reason she woke up that day."